(732)572-0500. Edison, NJ.
To email Ken V, go here:
2053 Woodbridge Avenue - Edison, NJ 08817
Sunday, August 19, 2018
E543 New cases: Police have duty to preserve video and evidence. Odor of pot does not allow police to search the trunk without consent or warrant. Wills and Estate Planning- Free Seminar Annual Happy Hour and Networking Social Upcoming Charity Races
New cases: Police have duty to preserve video and evidence.
Odor of pot does not allow police to search the trunk without consent or warrant.
Wills and Estate Planning- Free Seminar
Annual Happy Hour and Networking Social
Upcoming Charity Races
June 17 Happy Father's Dad to my Dad, Al Vercammen, veteran of Korean War, past president Metuchen First Aid, and a volunteer leader of the YMCA Indian Guides. As a kid one of my highlights was to sit in the Metuchen First Aid ambulance and hit the siren as we rode in the Metuchen Memorial Day parade. Dad was selected as Man of the Year by the Metuchen Jaycees for his volunteer work. Dad and mom traveled to Scranton while I was in college to see Mike Brennan and I win a race for the University of Scranton Varsity Cross-Country team. We enjoyed every Memorial Day, 4th of July and Labor Day at their Poconos Lake house for 28 years. Now on Father's Day, we enjoy swimming at their Active Adult Community Pool in Jackson. Happy Father's Day to all Dads.
Recent cases: 1. Police have duty to preserve video and evidence.
State v Richardson 452 NJ Super. 124 (App. Div. 2018)
The court reverses defendant's drug possession conviction and holds that when the State refuses a defense attorney's diligent pre-indictment request to preserve and produce recordings, which the State or its law enforcement agencies created and are directly relevant to adjudicating an existing charge, the defendant is entitled to an adverse inference charge.
In this drug case, despite the attorney's timely preservation request, the State allowed the automatic erasure of a booking room video that likely recorded the search of defendant, which allegedly uncovered the drugs he was charged with possessing. The court also holds the court erred by allowing the State to introduce evidence that defendant gave a false name during the earlier traffic stop.
2. Odor of pot does not allow police to search the trunk without consent or warrant. State v. Houston unreported App Div.
During a motor vehicle stop, officers observed respondent was not wearing a seatbelt and also detected the smell of burnt marijuana once respondent lowered the window. The officers removed respondent from the car and placed him under arrest after a search of his person produced five prescription pills, along with a large sum of money. During a search of the vehicle, officers found additional pills and marijuana. On motion to suppress evidence, the trial court concluded the "vehicle stop was lawful" because officers "observed motor vehicle violations." Additionally, the seizure of the burnt marijuana cigarette in the ashtray was "valid pursuant to a search incident to arrest," and because it was in "plain view."
However, the trial judge held the officers had no right to search the backpack or its contents, "or disassemble the car parts which covered the voids and the air vents of the car" without a warrant as respondent was handcuffed and removed from the car with no ability to destroy potential evidence.
On appeal, the court was tasked with determining whether the search exceeded the permissible scope pursuant to the automobile exception. Despite the unsettled landscape in prior precedents, the court reversed in part finding that the officers had authority to conduct a search of the passenger compartment of the vehicle based upon probable cause. Having found the partially smoked marijuana cigarette, as well as the baby bottles filled with suspected controlled substances in the passenger compartment, the officers had probable cause to search the contents of the backpack.
3. 2018 update Wills and Estate Planning- Free Seminar
June 27 Wednesday
12:15-1:00 PM and again 5:00-5:15pm
Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817
Program is limited to 15 people. Please bring a canned food donation
COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. Free sandwich for past and current clients from Craig's Deli.
We previously held this seminar for the Metuchen and Edison Library. This, which will be given to St. Matthews St. Vincent DePaul Food Bank. Please email us if you plan on attending or if you would like us to email the materials.